Pike families prove justice not for sale
Three years of legal battles over dropped Whittall charges end with moral victory
Pike River families have finally won a moral victory that took three years of legal battles, with the Supreme Court ruling WorkSafe dropping charges against Peter Whittall was unlawful.
Twenty-nine men died in the mining disaster. Former mine boss Whittall originally faced 12 charges over the deaths. But WorkSafe investigators dropped the case after he paid $3.41 million in insurance money to the families.
Sonya Rockhouse and Anna Osborne battled that decision through the High Court and Court of Appeal, finding victory three years later with the Supreme Court’s decision.
“The Court has found that the arrangement to offer no evidence was in exchange for the payment and constituted an arrangement to stifle prosecution,” the decision said. “It was irrelevant that WorkSafe considered other factors in reaching the decision to offer no evidence. The payment was in exchange for the withdrawal of the prosecution and was unlawful.”
The Supreme Court’s decision was unanimous, and said WorkSafe’s decision went against the public inter- est. The decision will not result in Whittall facing charges, with the court noting both sides agreed too much time had passed.
Rockhouse, who lost her son Ben in the disaster, said the result was so exciting she could barely believe it.
“This is the fourth court we’ve been to, so I’m just ecstatic, I’m bursting. I’m so excited I can’t even think.
“This will show him [Whittall] that we just didn’t take what he’d done lying down. We weren’t going to give up.
“It’s a pity we couldn’t bring him back [to face charges], but we can’t, so we’ll take this.
“This shows you cannot pay to get out of charges, so chequebook justice doesn’t work now.
“This will set a precedent now, and lawyers will have to think twice before they make this sort of deal in the future.
“If nothing else, it will stop other people going through what we’ve had to go through.”
WorkSafe released a statement that said it fully accepted the Court’s decision. Chief executive Nicole Rosie said it clarified the approach they should have taken, and would take in future. “We hope this decision will bring some relief to the families, and we will be seeking a meeting with them shortly to discuss the decision,” she said.
“As a result of the families’ commitment to their loved ones, New Zealand has new health and safety legislation and a regulatory unit focused on high-hazard activities.
“There is now far greater recognition and commitment to health and safety across the country.”
Nigel Hampton QC, who took the case for Rockhouse and Osborne, said there was never any point fighting for charges to be laid against Whittall.
“The reality is that seven years have gone by, and we didn’t seek to get WorkSafe to resume the prosecution.
“What we wanted was a clear decision that principle still wins over pragmatic payment of money.”
He said the Supreme Court decision prompted tears of joy from the Pike River families.
“Here we are, seven years on since the explosion. And in one week they got the keys to the gate so that they can proceed with the recovery to the drift of the mine itself.
“Then four days later we get a decision saying that WorkSafe were wrong in doing what they did.
“It’s a very important decision on principle. That principle is that criminal justice cannot be bought here in New Zealand, that we have a principled system of criminal justice, that a bargain to stifle a prosecution by paying money always was unlawful and remains unlawful in New Zealand.”